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1997 Supreme(SC) 723

SUPREME COURT OF INDIA
T. N. GODAVARMAN THIRUMULKPAD
Versus
Union of India
Decided on April 22, 1997

The main legal point established in the judgment is the requirement for states to provide a comprehensive statement on their past activity and future programme for environmental conservation, and the court's decision to defer the hearing to allow completion of the necessary exercise by the authorities concerned.

Headnote:

Comprehensive Statement - Environmental Conservation - The court required all states to provide a comprehensive statement on their past activity and future programme to tackle environmental degradation and prevent forest degeneration. The court deferred the hearing to allow completion of the necessary exercise by the authorities concerned.

Fact of the Case:

The court found that more time was needed by the states to file a comprehensive statement on their past activity and future programme for environmental conservation, including the formulation/revision of the National Forest Policy.

Finding of the Court:

The court deferred the hearing of the matters to enable completion of the exercise by all the authorities concerned, including the central government and the report of the Rajeshwar Committee.

Issues: The issues revolved around the need for a comprehensive statement from the states and the completion of necessary exercises for environmental conservation.

Ratio Decidendi: The court decided to defer the hearing to ensure that all authorities complete the necessary exercise for environmental conservation before proceeding with the matters.

Final Decision: The final decision was to require all states to file a comprehensive statement and to defer the hearing to allow completion of the necessary exercise by the authorities concerned.

( 1 ). In respect of most of the States, if not all, it is not clear from their affidavits as to what is the exact programme of that State in respect of the subject-matter of these writ petitions and the extent to which steps have already been taken to do the needful. In order to deal with the several IAs which have been filed seeking interim directions/modification of the interim directions already made it is necessary to have a comprehensive statement of all the States about the past activity and their future programme to tackle the problem and prevent degradation and degeneration of the forests. After hearing the learned Attorney General, the amicus curiae and the learned counsel for the several States, it does appear that more time is needed by the states to file a Comprehensive Statement as above and the matters can be heard only thereafter. The learned Attorney General submits that the central government is also involved in performance of the necessary exerciseincluding the study required for the formulation/revision of the National forest Policy and that this exercise will take some more time to complete. We are also informed by the learned amicus curiae that the report of the rajeshwar Committee is likely to be submitted by the end of this month. The common request of all the learned counsel including the learned Attorney general is that the hearing of these matters be deferred for the time being to enable completion of the exercise by all the authorities concerned so that the court is required to hear and decide only those aspects of these matters which remain after the exercise has been completed by all the authorities/governments. They also submitted that hearing for the purpose of some interim directions alone may be required but that too may be done early next month.

( 2 ). All the States are required to file the Comprehensive Statement as above on or before 3/5/1997.

( 3 ). In order to save time, Shri Rajeshwar is requested to hand over his Report to the learned amicus curiae Shri Harish N. Salve who would then furnish copies of the same to the learned Attorney General and counsel for the States concerned.

( 4 ). Research Foundation for Science Technology and Ecology and bombay Environmental Action Group are permitted to file their affidavits through the amicus curiae. court Masters

( 5 ). LIST on 6/5/1997.

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